FL S1490

Counties are prohibited from creating any office, special district, or governmental unit—or expanding the powers of an existing one—that would duplicate powers exclusively allocated to the sheriff, tax collector, property appraiser, supervisor of elections, or clerk of the court under the State Constitution or general law.

A county commissioner who votes in favor of an ordinance that violates this prohibition commits misfeasance or malfeasance in office.

The state may withhold all or part of revenue-sharing distributions under Part II of Chapter 218 from a county that adopts a violating ordinance, except for funds designated for school purposes or existing bond debt service.

County budget boards are prohibited from providing funding to any office, special district, or governmental unit exercising powers exclusively allocated to the five named constitutional officers.

Any affected constitutional officer or county resident may bring a circuit court action against a violating county, with available remedies including declaratory and injunctive relief, damages, costs, and reasonable attorney fees—though attorney fees may not be awarded to a county as the prevailing party.